TUSHER GOVINDJI SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) We dismissed this Writ Petition on 18-1-1985, after hearing the learned counsel for the parties, for reasons to follow. We now give our reasons.

(2.) This habeas corpus petition under Art. 32 of the Constitution has been filed by the petitioner Tusher Govindji Shah on behalf of Bakshish Singh who is under detention from 23-3-1984 under an order dated 11-1-1984 made by the Government of Maharashtra under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detenu is now lodged in the Central Jail, Nasik. The grounds of detention were supplied to the detenu at the time of his arrest on 23-3-1984. In the note, directed by the Detaining Authority to be treated as part of the order of detention, it is stated that the detenu is one of the principal conspirators in the conspiracy to smuggle hashish into India from Pakistan and to smuggle it out of India. Pursuant to the conspiracy he had arranged to acquire hashish of Pakistan origin through his associates and received $ 25,000 from one James Martin O'Dea during August 1983 for renting a godown, purchasing black-boards and cutting them, making in tanks and stacks of blackboards etc. for concealing the hashish therein in order to export it out of India as blackboard under a shipping bill in the name of M/s. Universal Traders, a firm controlled by him. Accordingly, he got the godown of M/s Mulji Wood Products (P) Ltd. and purchased wood blocks from that firm and some other firm and got four tin tanks made, obtained delivery thereof through one Om Prakash Rana and got them fixed in the cut black-board stacks. Hashish weighing 946 kgs. was recovered from two such stacks which had been packed and strapped and kept in the godown. The detenu received a draft for $ 10,000 from James Martin O'Dea on or about 12-10-1983 and deposited it in the account of M/s. Universal Traders and withdrew Rs. 90,000/- from that account through one Indrapal Singh for the expenses of the smuggling operation. On 15-10-1983 he instructed Nand Lal and Joginder Singh alias Tiger to receive truck No. RSK 8632 in which 20 packets of hashish, weighing 800 kgs. were concealed and to take the track to the godown for unloading the hashish. But when he finally came to the godown with the watchman of that godown on that day at about 3 p.m. he saw the hashish in the godown and the truck being seized by officers and made good his escape and is absconding since then For these reasons, it is stated that the Government considered it necessary to detain him under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to prevent him from smuggling hashish and engaging in transport selling and keeping smuggled hashish.

(3.) Miss Ram Jethmalani appearing for the petitioner placed four points before us in the course of her arguments. They are:(1) The Detaining Authority was completely unaware of the fact that the detenu had obtained anticipatory bail from Punjab and Haryana High Court from October 1983 and the anticipatory bail had been extended up to 13-1-1984 and that the Detaining Authority had inacurrately stated in the order of detention that the detenu was absconding.